LAW COMMISSION
1. Context
The Union government has notified the constitution of the 23rd Law Commission of India with effect from September 1. The commission, which was notified on September 2, will have a three-year term. The tenure of the previous Law Commission chaired by former Karnataka High Court Chief Justice Ritu Raj Awasthi ended on August 31.
2. Law Commission and it's importance
- The Law Commission is an advisory body that is not established by any parliamentary law but is constituted by the Union Ministry of Law and Justice through a gazette notification. Its role is to assist the government in reviewing the functioning of laws, suggest the repeal of outdated legislation, and offer recommendations on issues referred to it by the government.
- The commission is typically led by a retired Supreme Court or High Court judge, with legal scholars serving as members. Current judges may also be appointed, as stated in the notification for the new panel.
- Since Independence, 22 Law Commissions have been appointed, submitting a total of 289 reports to the government. While the government is not required to implement the recommendations, many have led to significant laws, such as the Criminal Procedure Code, 1973, and the Right of Children to Free and Compulsory Education Act, 2009.
- Following recommendations from the 20th Law Commission, the government initiated the process of repealing over 1,500 outdated central laws
3. 23rd Law Commission
- The notification issued by the Law Ministry’s Legal Affairs Department on September 2 states that the panel will include a full-time chairperson, four full-time members (including a member-secretary), up to five part-time members, and the secretaries of the Legal Affairs and Legislative departments as ex officio members.
- The commission’s tenure will last until August 31, 2027. The chairperson and full-time members can be serving judges from the Supreme Court or High Courts, or other experts chosen by the government.
- This was also mentioned in the notifications for the 2020 (22nd) and 2015 (21st) commissions, which were chaired by Justice Awasthi and former Supreme Court judge Justice B S Chauhan, respectively.
- The chairperson and members of the 23rd Law Commission have yet to be appointed, with the Appointments Committee of the Cabinet, led by the Prime Minister, making the final decision. The 22nd Law Commission members were appointed in November 2022, marking the start of their work.
- If a serving judge is appointed, they serve either until retirement or the end of the commission’s term, whichever is earlier, and receive no extra pay beyond their judicial salary. In the case of "other" appointees, the chairperson receives a monthly salary of Rs. 2.50 lakh, while a member earns Rs. 2.25 lakh. The member-secretary must be an officer of the Indian Legal Service at the Secretary level
4. Terms to form a Panel
- The terms of reference for the 23rd Law Commission are largely similar to those of recent commissions. The first three key tasks include: identifying outdated or unnecessary laws that can be repealed; developing a Standard Operating Procedure (SoP) for regularly reviewing existing laws, including simplifying their language and processes; and identifying laws that are out of sync with current economic needs and require amendments.
- Like the 22nd and 21st commissions, the 23rd Law Commission is also tasked with reviewing laws in light of the Directive Principles of State Policy, proposing reforms and suggesting new legislation to implement these principles and achieve the goals outlined in the Constitution's Preamble.
- The Prime Minister's recent call for a "secular civil code" aligns with the Directive Principle that urges the state to work towards a uniform civil code across India. The 22nd Law Commission also examined this issue, but its findings are not publicly known, as its chairperson took office as a Lokpal member in March before the report could be submitted.
- Additionally, the 23rd Law Commission is charged with reviewing laws impacting the poor, conducting post-enactment audits of socio-economic legislation, and improving judicial administration to better address contemporary needs
5.Way Forward
The 22nd Law Commission submitted 11 reports, one of which, in April 2023, recommended retaining Section 124A of the Indian Penal Code, the controversial sedition law. The commission justified its stance by pointing to internal security threats from groups such as Maoists, militants in the Northeast, terrorists in Jammu & Kashmir, and supporters of the Khalistan movement. However, it also suggested specific amendments to the law to "bring about greater clarity" in its application
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For Prelims: Law Commission, Finance Commission
For Mains: GS II - Indian Polity & Governance
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Source: Indianexpress
